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Regulation (EU) 2019/818 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816
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- Revised 22/05/20190.56 MB
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Changes over time for: Article 22
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- Regulation revoked by 2023 c. 28 Sch. 1 Pt. 2
Article 22U.K.Querying the common identity repository for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences
1.In a specific case, where there are reasonable grounds to believe that consultation of EU information systems will contribute to the prevention, detection or investigation of terrorist offences or other serious criminal offences, in particular where there is a suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offences is a person whose data are stored in Eurodac, the designated authorities and Europol may consult the CIR in order to obtain information on whether data on a specific person are present in Eurodac.
2.Where, in reply to a query the CIR indicates that data on that person are present in Eurodac, the CIR shall provide to designated authorities and Europol a reply in the form of a reference as referred to in Article 18(2) indicating that Eurodac contains matching data. The CIR shall reply in such a way that the security of the data is not compromised.
The reply indicating that data on that person are present in Eurodac shall be used only for the purposes of submitting a request for full access subject to the conditions and procedures laid down in the legal instrument governing such access.
In the event of a match or multiple matches, the designated authority or Europol shall make a request for full access to at least one of the information systems from which a match was generated.
Where exceptionally, such full access is not requested, the designated authorities shall record the justification for not making the request, which shall be traceable to the national file. Europol shall record the justification in the relevant file.
3.Full access to the data contained in Eurodac for the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences remains subject to the conditions and procedures laid down in the legal instrument governing such access.
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